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(영문) 광주지방법원 2013.07.09 2013고단2095
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 201, the Defendant was driving a new-pon freight vehicle from the 54-7-gil-ro, Seo-gu, Seo-gu, Gwangju to the front of the deaf-gu, Seo-gu, Seosung-dong, without obtaining a driving license, on April 11:45, 201.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of freight vehicles B New Franchis.

On April 26, 2011, at around 11:45, the Defendant, without obtaining a driver's license, proceeded along the five-lane road in front of the agricultural plaza in Seo-gu, Seo-gu, Gwangju with three-lanes from the side of the chamber of commerce and industry.

At the time, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle is well aware of the situation; (b) a person engaged in driving of a motor vehicle is maintaining a safe distance to avoid a stop of the motor vehicle; and (c) a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to stop the vehicle and found it late to stop the vehicle due to negligence in the vicinity of the above vehicle, and took a sudden action, but did not stop the vehicle but received a part behind the vehicle driving by the Defendant.

Ultimately, the Defendant suffered from the victim E (the 51-year old-age) by occupational negligence on the part of the victim C, such as brain salva in the treatment days, and the chest salva in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal report;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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